MARCH 5, 2013


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 6:30 p.m.


Pledge of Allegiance


Silent Invocation


Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Drew Bastian

Councilman Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green


                                    Also Present:            Greg Kisela, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk




4.    Code Enforcement Board Appointment


Motion to appoint Newton White to the Code Enforcement Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford.


Newton White introduced himself to Council and volunteered to serve the community.


Motion carried unanimously by voice vote. 


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Tracy Grubbs addressed Council regarding the lack of traffic control in the Cross Creek Subdivision. There was an accident recently with a driver running a stop sign. He asked about the speed bump issue. Mr. Kisela said he will report back. He has heard from the Police Department that patrols have stepped up but he will get a full report.


Rick Bassinger addressed Council regarding the Cross Creek traffic issues. Nothing has improved.


Ted Noftall addressed Council regarding the Public Utilities Department. He asked if there is any information on the Spruce Creek Fly-In meter. Shannon Lewis, Assistant City Manager, said there is no evidence to prove any of their theories. They are testing the theories. Mr. Noftall asked if the theories can be explained. Mayor Green asked Shannon Lewis to provide a report as to what is known to date.


John Junco addressed Council regarding the Family Days Spring Fair, which begins on Thursday, March 7, 2013 through Sunday, March 10, 2013.


Corey Berman addressed Council regarding a request for water from the firefighters fighting the fire at Forest Lake Preserve. He believes there is a divide between the firefighters and police department personnel that needs to be fixed. He also addressed the property on US 1 that Council discussed purchasing. He asked Council to consider his request for appointment on the Eastport CRA Board.  




5.    Approval of Minutes

a.    February 19, 2013 – Regular City Council Meeting

b.    February 26, 2013 – Regular City Council Meeting

6.    Construction Activity Report

7.    Parks and Recreation Project Updates

8.    2013 Legislative Program

9.    Declaration of Public Right of Way along Herbert Street and Declaration of Utility and Sidewalk Easement along Ridgewood Avenue to Facilitate Roadway Intersection Improvements by FDOT

10. License Agreement with Halifax River Partners, LLC for Centennial Celebration Fireworks


Vice Mayor Burnette asked to have Consent Agenda Item #8 pulled for further discussion.


Motion to approve Consent Agenda Items 5-7 and 9-10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Vice Mayor Burnette is pleased that three (maybe four) Council Members are going to Volusia Days on March 20.  Councilman Kennedy is trying to make the arrangements so he can attend. Mayor Green is not riding the bus if he goes.


Motion to approve Item #8 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


FINANCE (Wayne Saunders)


11. Resolution No. 13-15 – Budget Appropriations


Mayor Green read Resolution No. 13-15.






Motion to approve Resolution No. 13-15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.


Wayne Saunders, Interim Finance Director, advised of the changes in the Resolution.


Councilman Kennedy asked for details of the fuel system. Mary Anderson, Public Works Director, explained that the repairs are to the island at Cypress Head as well as another repair at Public Works.


Councilman Ford asked who the repairs are being billed to for Cypress Head.  Mr. Saunders advised that it is being reported as a golf course cost. Mr. Noftall finds it hard to believe the golf course is going to absorb these charges. He asked for details on the effects of the fund when the transfer is made. Mr. Kisela said Staff can clearly show where the funds are coming from and what impact that has on the source. It may become more difficult on the expense side because it may be a snapshot in time. He and Staff will look and see what can be done. Mr. Noftall asked what effort is made during the annual budget to look ahead and see what repairs may be needed. Mayor Green said the funds for the Centennial Celebration are not City funds, they were all donations. Mr. Kisela explained the funds for the Centennial Celebration funds being transferred in this resolution have all been sponsors and donations. Mr. Noftall doesn’t believe that information is easily gleaned from the document. Mr. Saunders explained the Exhibit A to the item shows the revenue source as “sponsorships/donations”.


Motion carried unanimously by roll call.


Mayor Green encouraged the public to get involved with the year-long Centennial Celebration.


CITY ATTORNEY (Margaret Roberts)


12. City Attorney’s Report


Nothing to report.





13. Report on Christmas Tree Sales Event


Donna Steinebach, Assistant to the City Manager, provided background of the approval of the Christmas Tree Sales Event. Council had requested an update at that time. Mr. Kuespert, President of Volusia Motorcycle Training, Inc., advised Council that he provided $3 per tree to the groups as promised.


Corey Berman requested that Council not approve this request in the future because of code violations. He believes it gave the City a “black eye”.


14. Centennial Celebration Update


Mr. Kisela advised that he has provided a flyer to Council and provided details of parking and activities. Everyone is invited.  


15. City Manager’s Report


Mr. Kisela provided details to Council of the brush fire in Forest Lake Preserve. As of 4:30 p.m. today the fire was contained with no injuries.


He reminded Council of the Special Meeting being held on Tuesday, March 12, 2013 at 5:30 p.m.


He asked for Council’s direction as to the release of the external auditing proposals and whether or not the presentations will be open to the public. Consensus is to open the meeting and release the documents to the public.




16. Comments/Concerns from Council Members

Councilman Ford would like to start a conversation regarding the upcoming budget process. He asked several questions for Council to start thinking about. 1) Pensions & hiring – can they hire a non-sworn admin position who doesn’t go into the pension plan; 2) do outside sworn personnel have to be in the pension plan; 3) he asked for an analysis of CO’s in the police dept. he wants to know how many positions can be done by non-sworn officers/personnel; 4) he asked about the reserve program; and 5) he asked about hiring retired personnel as part time employees without pension issues.

Mayor Green said he has spoken with retired firefighters who are interested in still serving the City without the benefits of full time. He cautioned Council to be sure to do it legally and fairly.

Vice Mayor Burnette mentioned the Atlantic High School girls basketball team made it to the State Finals. He would like to recognize them for their accomplishments. He also advised that Ronnie Williams is currently being honored by McDonald’s.

Councilman Bastian reminded all that Bike Week is coming and to be careful.

Councilman Kennedy said Asplundh has destroyed a lot of trees during their tree trimming service for FPL. He wants FPL to bury the power lines.

ADJOURNMENT:    7:17 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, City Clerk